Rules & Regulations/STR Code of Conduct
DOWNLOAD MOHOA RENTAL RULES, WHICH ARE TO BE PLACED INSIDE ALL RENTAL UNITS, LOCATED WHERE TENANTS AND GUESTS CAN READILY ACCESS THEM.
CITY OF MALIBU STR CODE OF CONDUCT SHOULD ALSO BE DOWNLOADED, PRINTED OUT AND MOUNTED ON THE BACK OF THE MAIN ENTRY DOOR OR IMMEDIATELY ADJACENT TO IT, INSIDE ALL RENTAL UNITS.
GENERAL RULES
Association Property: Borrowing or removing Association property or equipment is prohibited
Attachments to Building: Members may not attach anything to the outside walls, patio walls, front doors or railings without Board approval.
Barbecues: Private barbecues are not to be used in any common area. Barbecues on patios or balconies must be fueled by gas or propane; charcoal barbeques are not allowed.
Commercial Photography and Videotaping: Commercial photography, filming and videotaping are not allowed anywhere in the project without prior written approval of the Board.
Common Area Obstructions: Members are prohibited from obstructing stairwells, exits, pathways, utility meters, fire extinguishers, or outlets.
Crawl Space Access: Members and their families, tenants, guests, employees, and agents are prohibited from entering into the Association’s crawl spaces without the prior written consent of the Board.
Elevator and Shopping Carts: Residents are prohibited from locking off the elevator or leaving shopping carts inside the elevator. Shopping carts may not be kept overnight and must be returned to the garage level after each use.
Fires: Torches, candles, and open flames in any part of the common areas, balconies or patios are prohibited, except for candles if attended and if the flame is shielded by a glass chimney.
Harassment: Members must not engage in any abusive, threatening, or harassing behavior, either verbal or physical, or any form of intimidation or aggression directed at other Members, residents, guests, management, or vendors, or their agents or employees.
Health Hazards: Members may not permit conditions in their units, balconies, patios, storage lockers, parking spaces or the common areas which constitute a health, safety or fire hazard as determined by the Board of Directors, or by the City of Malibu or County of Los Angeles.
Holiday Decorations: Holiday decorations, including lights, in unit windows and on patios or balconies observable from the pathways may be in place one month before to two weeks after the holiday.
Landscaping: Residents may not plant, remove, or tamper with any landscaping in the common areas. Any unauthorized plants may be removed at the expense of the Member. There will be no reimbursement for materials lost.
Littering: Littering of any kind is prohibited. No trash, furniture, carts, boxes, appliances, etc. may be left in the common areas or outside the trash bin.
Minors and Guests: Members are responsible for the actions of any co-residents, guests, tenants, and invitees, including minors.
Noise: In General, no resident may allow radios, televisions, musical instruments, loud talking, or other sources of noise under their care, custody or control to create an unreasonable disturbance or annoyance to other residents at any time.
Noises by Animals: Control should be exercised over the noise made by all pets. It is unlawful for any person having charge, care, custody, or control of any animal to permit such animal to emit any excessive noise which is disturbing or offensive. (Malibu Municipal Code Section 8.24.050.J.) Excessive pet noise is a rule violation.
Noise Curfew: There is a noise curfew between 11:00 p.m. and 8:00 a.m.Please respect your neighbors and keep noise to reasonable levels before 11:00 p.m. and eliminate it after 11:00 p.m.
Nudity and Sexual Activity: Public displays of nudity are prohibited. Sexual activity in the common areas is prohibited.
Nuisances: Members, residents and guests do not have a right to a noise-free or odor-free environment. Normal levels of environmental pollutants will always exist, however, no one may cause or permit to be caused anything which constitutes a nuisance. To constitute a nuisance, the activity must be unreasonably noxious or offensive, cause an unreasonable disturbance or annoyance, be unreasonably injurious to health, indecent, or create an unreasonable obstruction to the free use of property. At no time is silence guaranteed against normal life activities.
Occupancy Restriction: As the property is served by a septic tank, the following occupancy restrictions apply:
A. Units with 1 Bathroom. No more than three (3) persons may reside in any unit with one (1) bathroom.
B. Units with 2 Bathrooms. No more than five (5) persons may reside in any unit with two (2) bathrooms.
Odors: No fumes, gases, smoke, or other odors are permitted which may cause a health hazard or an unreasonable annoyance to others. Residents with allergies must, at their own expense, take precautions to protect themselves against common-place levels of odors, dust, smoke, gases, pollen, or other environmental contaminants. See Rules rules on smoking.
Outdoor Activities: Parties are prohibited on the outside common areas, except in the designated areas near the Gazebo Area and Pool, with advance approval by the Board as to number of guests, in excess of four (4).
Pathways: Except for wheelchairs, mobility scooters, or similar vehicles used to accommodate a disability or temporary injury, no motorized vehicles shall be ridden or pushed on the pathways inside the complex. Bicycles, skateboards and scooters (non-mobility) may not be ridden or used on those pathways. Members and residents are not to leave out personal items which may impede pedestrian traffic on the pathways or in any common areas. Pedestrians have the right of way.
Personal Items: No personal items (e.g., shoes, sandals, etc.) may be left in any area outside a Member’s unit, patio, balcony or parking spaces except as designated by the Board. This includes bicycles, strollers, shopping carts, and any other personal property. The Association may remove any such items if they constitute a safety risk or if they detract from the appearance of the premises. This includes storage areas in front of or above parking spaces.
This section does not prohibit the placing of normal deliveries of articles such as packages, newspapers or bottled water in front of a unit’s door, as long as they do not accumulate or remain for days without being removed.
Play: Loitering, playing in the driveways, in the guest parking area, and in parking spaces is prohibited. Reasonable play is permitted along pathways and open spaces. Bicycles, scooters, skateboards, etc. may not be left unattended on pathways and other common areas.
Roof Access: Members and their families, tenants, guests, employees, and agents are prohibited from entering onto the Association’s roofs without the prior written consent of the Board. Prior notice to the Board or the property manager for access to the roof, for skylight cleaning or repairs, is required.
Septic System: Residents are prohibited from disposing of the following items in drain lines or toilets in the property:
A. Grease. Pour kitchen grease in a can to solidify and then throw away. Pans must be wiped with a paper towel before being placed in the kitchen sink to be washed.
B. Anything Other Than Waste and Toilet Paper. Nothing other than waste or toilet paper may be disposed of in toilets. Never throw cat litter, coffee grounds, sanitary napkins, tampons, diapers, baby wipes, cigarette butts, or anything similar down the toilet.
C. Hazardous Chemicals. Heavy chemicals such as bleach, motor oil, poisonous chemicals (including for rats and bugs) may not be tossed inside toilets. Always dispose of chemicals properly and as directed on the product informational material.
Signs and Public Notices:
A. Professional signs displaying a unit currently for sale may be placed at the main entrance at Pacific Coast Highway. Signs must comply with the specifications provided by the property manager.
B. The directories at the front entrance to the building, and above the mailboxes are for use by the Board only. Residents desiring to have a notice placed on the directory must obtain the approval of the Association’s
president, secretary, or treasurer.
C. No other signs or advertisements are permitted on the common area. No other commercial signs or ads are permitted anywhere on the premises.
Smoking: Smoking or vaping of any tobacco or non-tobacco product in outside common areas, enclosed common areas, exclusive use balconies and patios, and pool areas within Malibu Outrigger is prohibited. Smoking is permitted within individual units. Members are responsible for ensuring that any smoke or vape does not encroach into another Member’s unit or in the common area.
Stairwells and Landings: To protect these common areas, members are required to use caution when carrying heavy items up the stairs and/or placing them on the landings to avoid chipping and damaging the stairs and landings.
Members may be charged for repairs to any damaged areas.
Trash: Members must dispose of all trash and recyclables in the receptacles provided for that purpose. All Members must comply with the laws and ordinances of applicable governmental authorities with respect to the recycling, disposal of trash and other rubbish per City of Malibu requirements. All boxes should be broken down or flattened before disposal.
Trash – Large and Bulk Item Disposal: Residents are encouraged to donate gently-used household bulky items (which do not fit into a solid waste bin) to charitable organizations or thrift shops. The City of Malibu, in partnership with Waste Management, organizes a bulky item collection day for residents every year for those who are unable to donate their oversized items. To schedule an appointment, call Waste Management’s Service Center at 800-675-1171.
[Universal Waste Systems at 800-631-7016 for bulky item disposal options]
Place bulky items at curbside adjacent to the recycling bin in the guest parking area before 6:00 a.m. on the day of pickup. Items abandoned will be disposed of at Member expense. Violation of Law. Violation of any federal, state, municipal or local law, ordinance or regulation is prohibited.
Waterbeds: No waterbeds are permitted.
Window Coverings: Members may keep permanent curtains, draperies, shades, shutters, blinds, or other suitable non-reflective window treatments on all exterior windows of their unit. In no event may windows be covered in whole or in part with paper, newspaper, aluminum foil, bed sheets, or any other materials not specifically intended for window coverings.
SECURITY
Although the Association may provide security measures at the property, it is not a security provider. Members and residents must take appropriate measures to safeguard their persons and property without relying on security measures provided by the Association.
Closed Doors: The entrance doors and outside gates must be kept closed and locked at all times. Do not prop them open and leave them unguarded for any reason.
Visitor Entry: Do not open the door to anyone you do not know. Before buzzing in a caller at the front door, be sure to get positive identification.
Emergencies: In case of an emergency, call 911.
HOME BUSINESSES
Members may not use or permit their unit or any portion of it to be occupied or used for any purpose other than a private residence. Notwithstanding the foregoing, Members may use their units for limited business activities as long as all of the following criteria are met:
Primarily Residential: The unit continues to be used primarily for residential purposes. No more than 25% of the square footage of the unit may be used for business purposes.
Rentals: Per section 10.1(1) of the CC&Rs, leases or rentals, regardless of term, are construed as residential use.
Advertisement Limitations: The business activity does not involve any advertisement or other listing available to the public which includes the phone number of the Association’s business office or property manager.
No Visitors: The business activity does not involve any employees, clients, customers, vendors, contractors, subcontractors, business associates, or other non-resident visitors entering the unit or the common areas.
No Excessive Deliveries: The business activity does not involve deliveries or pick-ups of mail or packages which in the Board’s determination are in excess of a level normal for residential occupancy.
No Manufacturing or Storage: No manufacturing of any kind and no storage of inventory or other items related to the business takes place in the unit or the common areas.
Insurance: The Member obtains and maintains appropriate and adequate insurance coverage, naming the Association as an additional insured, including but not limited to comprehensive general liability insurance, in order to insure against any type of injury, such as property damage or personal injury occurring within the Member’s unit or common area, and against any cause of action whatsoever arising or relating to the operation of a business from the unit. The Association may monitor the Member’s compliance with this requirement but is not obligated to do so.
Compliance with Laws: The business activity is not illegal, does not violate any local ordinances, and complies with all applicable business license requirements.
LEASING / RENTAL RULES
Lease and Rental Agreement and Addendums.
In Writing. All leases and rental agreements between a Member and their tenant must be in writing.
Required Provisions. All provisions of any leases and rental agreements between a Member and tenant must be consistent with and not violate any provisions of the Association’s governing documents. All leases must include, at a minimum, provisions that require tenants (1) to comply with all provisions of the Association’s governing documents and (2) to be bound by and subject to the same disciplinary procedures and fines as Members.
Lease Addendum. Member, tenant, and the Association must execute a “Lease Addendum” supplied by the Association, in which the parties allow the Association to directly enforce the lease or rental agreement between the member and Tenant or such other terms to which the parties may agree.
Governing Documents. Members must provide their tenants with the Association’s Rules and Regulations and ensure that their tenants comply with these Rules.
Transfer of Occupancy. Members living offsite must promptly provide the Association with the current name, address, phone number, email address, and vehicle information (make, model, color, and license number) of all unit residents and any changes in such information.
Repairing Damage. Members are liable for all damage to the units, common area, and any personal property caused by the negligent acts or omissions of their tenant(s) or their tenant(s)’ respective family members, guests, invitees, vendors, or pets. The Association may impose a reimbursement special assessment against the liable Member for all damages to the common area.
Move-In and Move-Out.
Fees. The Association’s move-in fee is $200. Members are responsible for paying the fee when their tenant(s) move in, which will automatically be billed to their account.
Scheduling the Move. Moves are allowed between the hours of 9:00 a.m. to 5:00 p.m. The Board or the property manager must be notified in advance via email or telephone.
Trash and Debris. All trash and debris must be removed by the end of each day after the move. Association dumpsters are not to be used for excess trash, household items, or moving boxes. Failure to properly dispose of debris by utilizing the Association’s trash bins will incur an immediate fine of $100/day, plus any additional costs incurred by the Association until the debris can be removed from the property.
Protection of Floors, Stairwells, and Common Areas. To protect the common area, movers must put appropriate protective runners over the floors and stairwells and take caution in all common areas. The Member will be charged for any damage caused by the move.
Moving Trucks. Moving trucks should be parked in a way as to limit inconvenience to residents and must include contact information (unit and telephone number) placed in the windshield should the vehicle need to be moved immediately.
Renter Insurance. Members must require tenants to have renters or tenant insurance, including coverage for damage to or loss of personal property, personal liability, medical payment to others, and loss of use. The liability insurance must have a policy limit of at least one million dollars ($1,000,000). The Association may monitor Members compliance with this requirement but is not obligated to do so.
Required Information. Prior to a tenant moving in, the owner of the unit must provide the property manager with:
Contact Information. The name, phone number, email address, and vehicle information (make, model, color, and license plate) for all residents who will stay at the Member’s leased unit.
Emergency Contact. The name, phone number, and email address for the person in charge of management of the rental unit, or who will be the contact person in case of emergencies.
Means of Access to Unit. The Member must provide the Association with a key to their unit or designate a contact person who is able to provide the Association access to the unit in emergencies.
VACATION OR SHORT-TERM RENTALS
Definition. Any lease term or rental of a unit for a period of 30 days or less is considered a vacation or short-term rental for purposes of this section.
Permit. Members who advertise or operate their unit as a short-term rental, must have the appropriate permits from the City of Malibu. The Association may monitor the Member’s compliance with this requirement but is not obligated to do so. Any violations of this requirement may be subject to a fine of one thousand dollars ($1,000) per day or violation.
Compliance With Rules. Members are required to provide a copy of the Association Rules and Regulations to all residents of their units, regardless of length of stay. All provisions of any stay agreement between a Member and a unit resident must be consistent with and not violate any provisions of the Association’s governing documents. Members must ensure that all unit residents and their guests comply with all provisions of the Association’s Rules and Regulations.
Required Information. Prior to a short-term resident moving in, the owner of the unit must provide the property manager with:
A. Contact Information. The name, phone number, email address, and vehicle information (make, model, color, and license plate) for all residents who will stay at the Member’s leased unit.
B. Number of Residents. The total number of residents stay in the unit, which number must not be in excess of the occupancy restriction set forth in Rule 2.19.
C. Duration of Stay. The move-in and move-out date of all residents of the unit.
D. Emergency Contact. The name, phone number, and email address for the person in charge of management of the rental unit, or who will be the contact person in case of emergencies.
E. Means of Access to Unit. The Member must provide the Association with a key to their unit or designate a contact person who is able to provide the Association access to the unit in emergencies.
Repairing Damage. Members are liable for all damage to the units, common area, and any personal property caused by the negligent acts or omissions of their tenant(s) or their tenant(s)’ respective family members, guests, invitees, vendors, or pets. The Association may impose a reimbursement special assessment against the liable Member for all damages to the common area.
Administrative Fee. Members are required to pay the Association an administrative fee of $200 per short-term rental. This fee is payable before the residents of the unit move in.
Scheduling the Move-In/Move-Out. Members are solely responsible for scheduling and/or coordinating the moving out and move out of their short-term tenants. The Association and its property manager are not responsible for granting access to tenants.
Management. The Association’s property manager is responsible, at the direction of the Board, for the day-to-day operation and management of the property. It is not the property manager’s responsibility to grant access to short-term residents or manage rental of units. Off-site Members must provide a means or retain the services of a manager to oversee all aspects of rental of their unit. All residents must be respectful of the onsite general manager’s privacy and right of quiet enjoyment, and only contact the manager, for Association-related business, during office hours of 8:00 a.m.– 5:00 p.m.
Damage to Property. Members will be charged for any damage caused to the common area or Association property caused by short-term tenants, residents, and their guests and invitees in their use of the premises or moving in and out.
Insurance. Members who advertise or operate their unit as a short-term rental, must obtain and maintain appropriate and adequate insurance coverage, including but not limited to comprehensive general liability insurance, to insure against any type of injury, such as property damage or personal injury occurring within the Member’s unit or common area, and against any cause of action whatsoever arising or relating to the operation of the unit as a short-term rental. The liability insurance must have a policy limit of at least one million dollars ($1,000,000). Members who lease their units as vacation or short-term rentals must annually provide the Association with a certificate of the required insurance coverages.
Advertisement. Members advertising or listing their unit on Airbnb, VRBO, Homeaway and other similar app-based platforms, are prohibited from listing the Association’s office and/or general manager contact information.
PETS
Pet Limitation. No animal of any kind may be raised, bred or kept in any unit, except domestic dogs, cats, small fish, and birds (within birdcages) may be kept as household pets. No more than one dog or two cats may be kept as household pets. Any cat must be an indoor cat and is allowed outside the unit if supervised.
Cages. No birds may be brought onto the common area unless caged.
Weight Limitation. No dog which exceeds a weight of 40 pounds, at maturity, is permitted.
Pre-existing Pets. Pets maintained at the complex on the date of adoption of these Rules, which are prohibited under these Rules, are permitted. Residents may keep any such non-conforming pet for as long as the resident resides in the complex. However, once the resident has moved from the development the non-conforming pet cannot remain. If the pet has died it may not be replaced, except as provided for in these Rules.
Dangerous Animals. No animal may be kept which the Board has determined to be dangerous or has been designated as dangerous by any governmental agency or the Association’s insurance policy. Pit Bulls, Rottweilers, Akitas, Berneses, Canary Dogs, Chow Chows, Dobermans, Huskies, Karelian Bears, Rhodesian Ridgebacks, and Russo-European Laikas are prohibited.
Nuisance. No animal may be kept, bred or maintained for any commercial purpose, or if there would be any odor, noise or other nuisance which would unreasonably disturb the use and enjoyment of any portion of the property by other Members. Members may not let their pets become a nuisance through noise or otherwise. The Board has the right to prohibit or demand removal any pet which, in its opinion, constitutes a nuisance to other Members.
Leash. All animals, except cats, must be kept within an enclosure, held by a person, or kept on a leash by a person capable of controlling the animal whenever the animal is in the common area.
Sanitation. Members are responsible for immediately cleaning up any mess caused by their animals and will be responsible for any damage caused to the property or landscaping caused by their pets. Dogs are to be walked outside the gates to relieve themselves. Daily fines will be applied.
Service Animals. Pets otherwise prohibited in these Rules which are kept for the purpose of servicing a resident’s disability are allowed to the extent required by law, if this would constitute a reasonable accommodation, with (i) appropriate documentation showing compliance with this rule, and (ii) the Board’s prior written consent.
POOL, SPA AND PRIVATE BEACH AREA
Hours. The swimming pool, spa and private beach area are open daily from 9:00 a.m. to 11:00 p.m.
Access. Climbing over pool gates, walls or fences is prohibited. Using the pool, spa or private beach area after hours is prohibited.
Assumption of Risk. There is no lifeguard on duty. Use of the swimming pool and spa is at your own risk and residents assume full responsibility for their own safety as well as that of their guests.
Attire. Appropriate swimming attire must be worn when in the pool or spa.
Children. For health and safety reasons, children under five are not permitted in the spa. All children in the pool and spa area age 13 and under must be accompanied and supervised by an adult age 18 or older who has the ability to rescue the child if in trouble. On receipt of a written request for permission from a parent or legal guardian, the Board may grant an exception for use of the pool without supervision by younger children who have proven their ability to swim and to be responsible for their own safety in the pool area.
Communicable Diseases. Persons with a contagious disease or condition may not use the recreational facilities in a way which creates a health risk to others.
Entering the Lobby and Elevator. Swimmers must dry themselves thoroughly before entering the lobby or elevator.
Food and Beverages. No food is allowed in the pool, spa, or private beach area except in non-breakable, spill-proof containers.
Glass. Glass is not allowed in any of the pool, spa or private beach areas.
Guests. The pool, spa and private beach areas are for the exclusive use of the Association’s Members, residents and their guests. Residents may invite up to four guests per unit to use the pool, spa or private beach areas at any one time. The Board may grant prior written approval for more guests. An adult resident must be with their guests at the pool or spa areas at all times.
Incontinence. Incontinent individuals of any age may only use the pool or spa if wearing swim diapers or other incontinence swimwear.
Intoxication. Intoxication or being under the influence of non-prescription drugs is prohibited in the pool and spa area.
Lotions, etc. No soaps, chemicals, or other foreign substances of any kind may be put in the pool or spa. Please cover pool furniture with a towel if using lotions.
Music. Radios, smartphones, tape or video players, and similar devices used at the pool or spa to listen to music or to watch videos, movies, etc. must be used with earphones.
Parties. No more than four guests per unit at a time are permitted at the pool without advance approval of the Board.
Pets. Pets are not permitted in the pool or spa area.
Pool Equipment. No unauthorized tampering with pool equipment or the settings on pool equipment.
Furniture. Pool and beach furniture are on a “first come, first served” basis. Furniture may only be reserved for a few minutes. Residents are prohibited from
moving pool furniture to the private beach area or move beach furniture to the pool area.
Diving / Roughhousing. Absolutely no diving in the pool. Absolutely no running, jumping, diving, or loud, boisterous conduct, and rough play is permitted in the pool area.
Smoking. Smoking is prohibited in the pool and spa area.
Spa Safety. It is up to each resident to consult a medical professional to confirm advisability before using the spa.
Toys and Rafts. Oversized inflatable rafts, inner tubes, boogie boards and other objects that will interfere with residents’ use of the area, are not allowed in the pool. Small toys such as balls, rings, etc. will be permitted but they must be used in a way that does not create a nuisance. All items to be returned to Members unit at end of day.
Trash Cleanup. All trash must be cleared away before leaving. You must replace pool furniture to its proper position and location. Make sure not to leave any of your possessions behind.
Towels. No towels may be hung over the pool, spa or beach glass doors or walls at any time.